Legal Opinion

Merkel v. Hallagan

Supreme Court of Iowa

Decided December 14, 1928PublishedCited by 4 opinions

1Opinion of the CourtEvans, J.

— On January 18, 1928, a judgment was entered in the municipal court of Des Moines in favor of the petitioner, as plaintiff, against one Sheppard, as defendant. On February 4, 1928, the presiding judge of said court entered in sáid cause the following order:

“The above judgment was procured by mistake, as the pleadings and record show that the last item of account was on February 24,1919, more than five years prior to filing petition or. serving of notice, and said judgment was by default. Wherefore said judgment is set aside, and garnishment herein, is ordered released, and property garnished…

2Cited by4 opinions

  1. State Furniture Co. v. AbramsNebraska Supreme Court · 1945
  2. La Forge v. CooterSupreme Court of Iowa · 1935
  3. Des Moines & Central Iowa Railroad v. PowersSupreme Court of Iowa · 1933
  4. Borden v. VoegtlinSupreme Court of Iowa · 1932

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